High Price for Clean Air Violations
OLIVER B. PATTON
WASHINGTON EDITOR
Engine builders that fail to meet emission standards will pay a high price, under a proposal by the Environmental Protection Agency.
The agency suggested penalties ranging from $4,680 to $14,790 per engine for builders that do not comply with the October 2002 deadline for hydrocarbon and nitrogen oxide standards.
If the proposal is approved, the most immediate impact would be on Caterpillar Engine Co. Cat engines will not meet the standard because the company has chosen a clean-air technology that will not be ready until 2003 (see related story).
Under the proposal, the non-conformance penalties kick in when a heavy-duty engine produces more than 2.5 grams of the offending compounds per brake horsepower hour. They escalate steeply as the emissions approach a mandatory ceiling of 6 grams. Engine builders have the choice of meeting the standard or paying the fine. One purpose of this mechanism is to give a company that cannot meet the standard for technological reasons an option other than quitting the market.
Most of the technical terms of this proposal are set forth in the Clean Air Act, but the timing is a result of a 1998 agreement between EPA and the engine makers. That "consent decree" resolved a dispute over whether the engine builders skirted clean air requirements by installing software that turned off the emission control system. As part of the decree, engine makers agreed to meet 2004 emissions deadlines by October 2002.
Caterpillar will contend the proposal on a variety of fronts, according to a company spokesman.
Under the regulatory process, the company has a chance to submit comments on the proposal to EPA. It already has asked for a federal review, and it may ask the courts to intervene. "All options are on the table," said spokesman Carl Volz. "It's really too soon to say what our response should be."
Congress has expressed interest in the issue, but so far hearings have not been scheduled.
EPA will accept comments until March 18 (Docket No. A-2001-25). There will be a public hearing Feb. 15 at the Washington Dulles Airport Marriott. Questions: Margaret Borushko at EPA, 734-214-4334, borushko.margarethttp://www.epa.gov/otaq.
Examples Of Proposed Penalties
NMHC+NOx
Compliance Level
(g/bhp-hr)2 |
Heavy-Duty Service Class |
| |
| |
Light |
Medium |
Heavy |
Urban Bus |
| 2.5 | $0 | $0 | $0 | $0 |
| 3.0 | $1,162 | $1,170 | $4,680 | $3,185 |
| 3.5 | $1,644 | $2,340 | $9,043 | $5,042 |
| 4.0 | $2,127 | $3,759 | $10,193 | $6,081 |
| 4.5 | $2,610 | $6,870 | $11,342 | $7,120 |
| 6.0 | N/A | N/A | $14,790 | N/A |
| Source: EPA |
These figures are in 2001 dollars and would apply to the first year of non-compliance — they would increase in later years. There are no figures for the light and medium classes, and for urban buses, because the proposed upper limit is 4.5 grams.
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